Powers of Attorney

Setting up a Power of Attorney is a simple way to know you’re wishes and decisions will be supported by your appointed individual when you need it most.

Having a Power of Attorney is a simple way to minimise stress and allow you to feel secure in the knowledge that everything will be taken care of should you be incapacitated.

If you’re unable to make decisions, it’s essential that someone you trust has the authority to deal with your personal affairs and ensure that you receive the highest level of appropriate personal care. A Power of Attorney is a legal document that enables another person to make decisions on your behalf.

The type of decisions that can be made depends on the power of attorney that is signed and the law, types include:

Enduring Power of Attorney

For making financial and legal decisions such as banking, signing legal documents, transferring property, and/or personal and lifestyle decisions such as where a person lives and health care matters when they no longer have the capacity to make those decisions for themselves.

Enduring Power of Attorney (Medical Treatment)

For making medical decisions, such as deciding what treatment or medication to be given, when a person no longer has capacity to make those decisions for themselves.

General Non-Enduring Power of Attorney

For making financial decisions for a period of time. For example, when someone travels overseas, they made need to appoint a General Non-Enduring Power of Attorney to take care of their property and finances while they are away.

Supportive Power of Attorney

This Power of Attorney is usually used by people with disabilities of any kind who are able to make decisions for themselves provided they have support to make those decisions. Supportive Powers can include the power to contact third parties (such as hospitals, banks etc) to communicate decisions.

McClure Law can ensure that your technical legal documents are skilfully drafted and properly signed so that they have the effect you desire. Power can be limited, and you can choose when you want it to take effect. You can also authorise different people for different Powers, and in some cases can appoint more than one Attorney at a time in a power.

Making a power of attorney is a relatively straightforward process and it can avoid costly and complex legal problems if you cannot make decisions yourself. You can give your Attorney full authority to deal with all of your assets, or the power can be limited to looking after specific assets.

If you cannot manage your own legal and financial affairs due to mental incapacity and you do not have a valid Enduring Power of Attorney, it may be necessary for the Victorian Civil and Administrative Tribunal (VCAT) to decide who the proper person to make decisions for you is.

If there is no one available, or there is a need for an independent person because of a disagreement between family or friends about what is best, the Public Advocate can be appointed as an Independent Guardian, and State Trustees Limited can also be appointed as an independent Administrator.